A Matter of Life or Death (I)

The Shulchan Aruch (O”Ch 328:2) rules, “Some one that has a life threatening disease, it is a mitzvah to violate shabbos for him.  The one who rushes is praised, and the one who asks is [as if he] spills blood.”  The Yerushalmi that he is quoting adds, “The one that is asked is disgusting.”  He, being the Rabbi in town, is disgusting either because he should have publicly announced this law, or because he made everyone afraid of doing anything with out his permission.  If this is true, how does one know when to rush?  The Shulchan Aruch (O”Ch 328:10) also rules, “A doubt in life [threatening situations] is lenient,” meaning that one is lenient regarding the violation of shabbos.  This is the overriding principle, and the Shulchan Aruch (O”Ch 328:15) rules, “If [doctors] estimate that he needs one date [to be healed], and ten people run and each [violate shabbos to] bring him a date, all of them . . . have good reward from Hashem, even though he was already healed from the first,” and the others were unnecessary.

Is There a Doctor in Shul?

Over the next few weeks, I would like to discuss a general set of laws that are not connected to any one of the 39 melachos.  There are many categories of sick people, and each one of them has different laws with regards to shabbos.  The most basic is choleh sh’yesh bo sakanah, someone deathly ill.  In general, one may violate any issur, prohibition, to save his life.  For a non-life-threatening illness, all Biblical prohibitions are in force, but various Rabbinic prohibitions are waived.  Some one that has mild aches, has added prohibitions over a healthy person.  I would like to discuss each of these separately and outline exactly what is and isn’t permitted for each.

Up a Tree (II)

The gemara discusses a case in which one has a small water channel with a tree growing in the middle.  Is it permitted to use a portion of the tree that is more than three tefachim from the bottom of the channel, but within three tefachim of the top?  The gemara answers that this is dependant on the dispute between Rabbah and Rav Sheshes.  Rashi explains that according to Rabbah on measures from the side and it is permitted, and according to Rav Sheshes one measures from the bottom and it is prohibited.

Why is it obvious that Rabbah measures from the top of the channel, and Rav Sheshes from the bottom.  While I did not see anyone who discusses this issue, it seems to me that one can understand it from the gemara’s explanation of there opinions.  Rabbah holds that “anything within three [tefachim] of the ground is like ground”.  This seems to be the concept of lavud, that we ignore any gap of less than three tefachim.  If so, the reason that trees can be used below three tefachim is because it is halachicly considered ground and not tree.  If so, it is obvious that any place on the tree that is within three tefachim of the ground is permitted, even if the tree starts below present ground level.  Rav Sheshes believes that the prohibition is to use a tree above three tefachim.  He measures three tefachim up from the bottom of the tree, and everything above is prohibited.  Therefore we do not care if there is ground around part of the tree, we measure from the start of the tree.

Up a Tree (I)

It is prohibited on Shabbos to disconnect any living thing from its life source.  Included in this is reaping wheat, plucking apples, and tearing a branch off a tree.  Among many Rabbinic prohibitions in this area, the Rabbis forbade climbing or using a tree on Shabbos.  They were concerned that one would pluck fruit from the tree with out thinking.  As is normally the case with Rabbinic decrees, they made a blanket decree that includes all trees.  A tree is defined as a vegetative growth attached to the ground that is somewhat stiff, or will become so.  The prohibition only applies to that part of the tree that is more than three tefachim (24 cm) above the ground.  (However some prohibit the use of all fruit trees, even if they are under three tefachim.)

There is a dispute in the gemara about a branch that comes out of the tree above three tefachim and then dips down to with in three tefachim.  Is it permitted to use the lower portion of the branch?  Rabbah rules that it is permitted and Rav Sheshes rules that it is prohibited.  Rabbah’s logic is that “anything within three [tefachim] of the ground is like ground”.  Rav Sheshes’s logic is that “since it grows from something that is prohibited, it is [also] prohibited”.